Bill Text: GA HB46 | 2011-2012 | Regular Session | Introduced
Bill Title: Uniform Interstate Depositions and Discovery Act; enact
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2012-07-01 - Effective Date [HB46 Detail]
Download: Georgia-2011-HB46-Introduced.html
12 HB 46/AP
House
Bill 46 (AS PASSED HOUSE AND SENATE)
By:
Representatives Jacobs of the
80th,
Lindsey of the
54th,
Oliver of the
83rd,
Willard of the
49th,
Lane of the
167th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 24 of the Official Code of Georgia Annotated, relating to evidence,
so as to repeal the "Uniform Foreign Depositions Act" and to replace such Act
with the "Uniform Interstate Depositions and Discovery Act"; to provide for a
short title; to provide for definitions; to provide for issuance and service of
subpoenas; to provide for depositions and production and inspection of documents
and tangible evidence; to provide for protective orders; to provide for related
matters; to provide for an effective date and a contigent effective date and
applicability; to provide for automatic repeal under certain circumstances; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
SECTION 1-1.
SECTION 1-1.
Title
24 of the Official Code of Georgia Annotated, relating to evidence, is amended
by repealing Article 6 of Chapter 10, the "Uniform Foreign Depositions Act," and
enacting a new Article 6 to read as follows:
"ARTICLE
6
24-10-110.
This
article shall be known and may be cited as the 'Uniform Interstate Depositions
and Discovery Act.'
24-10-111.
As
used in this article, the term:
(1)
'Foreign jurisdiction' means a state other than this state.
(2)
'Foreign subpoena' means a subpoena issued under authority of a court of record
of a foreign jurisdiction.
(3)
'Person' means an individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, public
corporation, government or governmental subdivision, agency, or instrumentality,
or any other legal or commercial entity.
(4)
'State' means a state of the United States, the District of Columbia, Puerto
Rico, the United States Virgin Islands, a federally recognized Native American
tribe, or any territory or insular possession subject to the jurisdiction of the
United States.
(5)
'Subpoena' means a document, however denominated, issued under authority of a
court of record requiring a person to:
(A)
Attend and give testimony at a deposition;
(B)
Produce and permit inspection and copying of designated books, documents,
records, electronically stored information, or tangible things in the
possession, custody, or control of such person; or
(C)
Permit inspection of premises under the control of such person.
24-10-112.
(a)
To request issuance of a subpoena under this Code section, a party shall submit
a foreign subpoena to the clerk of superior court of the county in which the
person receiving the subpoena resides. A request for the issuance of a subpoena
under this Code section shall not constitute an appearance in the courts of this
state.
(b)
When a party submits a foreign subpoena to a clerk of superior court in this
state, the clerk shall promptly issue and provide to the requestor a subpoena
for service upon the person to which the foreign subpoena is
directed.
(c)
A subpoena under subsection (b) of this Code section shall:
(1)
Incorporate the terms used in the foreign subpoena; and
(2)
Contain or be accompanied by the names, addresses, and telephone numbers of all
counsel of record in the proceeding to which the subpoena relates and of any
party not represented by counsel.
(d)
This Code section shall only apply to a subpoena to be issued in this state if
the foreign jurisdiction that issued the foreign subpoena has adopted a version
of the 'Uniform Interstate Depositions and Discovery Act.'
(e)
This Code section shall not apply to criminal proceedings.
24-10-113.
(a)
For purposes of this Code section, the term 'subpoena' shall have only the
meaning set forth in subparagraph (A) of paragraph (5) of Code Section
24-10-111.
(b)
In addition to the mechanism for issuing subpoenas provided for in Code Section
24-10-112, whenever any mandate, writ, or commission is issued out of any court
of record in a foreign jurisdiction, a witness may be compelled by subpoena
issued by the clerk of superior court of the county in which such witness
resides to appear and testify in the same manner and by the same process and
proceeding as may be employed for the purpose of taking testimony in proceedings
pending in this state.
24-10-114.
A
subpoena issued by the clerk of superior court under Code Section 24-10-112 or
24-10-113 shall be served in compliance with Code Section 24-10-23 and shall be
served within a reasonable time prior to the appearance required by such
subpoena.
24-10-115.
Part
1 of Article 2 of this chapter shall apply to subpoenas issued under Code
Section 24-10-112 or 24-10-113.
24-10-116.
An
application for a protective order or to enforce, quash, or modify a subpoena
issued by the clerk of superior court under Code Section 24-10-112 or 24-10-113
shall comply with the statutes and court rules of this state and shall be
submitted to the superior court of the county in which the subpoena was
issued."
PART
II
SECTION 2-1.
SECTION 2-1.
Title
24 of the Official Code of Georgia Annotated, relating to evidence, is amended
by repealing Article 5 of Chapter 13 as enacted by HB 24, substantially
revising, superseding, and modernizing provisions relating to evidence during
the 2011-2012 biennium of the General Assembly, and enacting a new article to
read as follows:
"ARTICLE
5
24-13-110.
This
article shall be known and may be cited as the 'Uniform Interstate Depositions
and Discovery Act.'
24-13-111.
As
used in this article, the term:
(1)
'Foreign jurisdiction' means a state other than this state.
(2)
'Foreign subpoena' means a subpoena issued under authority of a court of record
of a foreign jurisdiction.
(3)
'Person' means an individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, public
corporation, government or governmental subdivision, agency, or instrumentality,
or any other legal or commercial entity.
(4)
'State' means a state of the United States, the District of Columbia, Puerto
Rico, the United States Virgin Islands, a federally recognized Native American
tribe, or any territory or insular possession subject to the jurisdiction of the
United States.
(5)
'Subpoena' means a document, however denominated, issued under authority of a
court of record requiring a person to:
(A)
Attend and give testimony at a deposition;
(B)
Produce and permit inspection and copying of designated books, documents,
records, electronically stored information, or tangible things in the
possession, custody, or control of such person; or
(C)
Permit inspection of premises under the control of such person.
24-13-112.
(a)
To request issuance of a subpoena under this Code section, a party shall submit
a foreign subpoena to the clerk of superior court of the county in which the
person receiving the subpoena resides. A request for the issuance of a subpoena
under this Code section shall not constitute an appearance in the courts of this
state.
(b)
When a party submits a foreign subpoena to a clerk of superior court in this
state, the clerk shall promptly issue and provide to the requestor a subpoena
for service upon the person to which the foreign subpoena is
directed.
(c)
A subpoena under subsection (b) of this Code section shall:
(1)
Incorporate the terms used in the foreign subpoena; and
(2)
Contain or be accompanied by the names, addresses, and telephone numbers of all
counsel of record in the proceeding to which the subpoena relates and of any
party not represented by counsel.
(d)
This Code section shall only apply to a subpoena to be issued in this state if
the foreign jurisdiction that issued the foreign subpoena has adopted a version
of the 'Uniform Interstate Depositions and Discovery Act.'
(e)
This Code section shall not apply to criminal proceedings.
24-13-113.
(a)
For purposes of this Code section, the term 'subpoena' shall have only the
meaning set forth in subparagraph (A) of paragraph (5) of Code Section
24-13-111.
(b)
In addition to the mechanism for issuing subpoenas provided for in Code Section
24-13-112, whenever any mandate, writ, or commission is issued out of any court
of record in a foreign jurisdiction, a witness may be compelled by subpoena
issued by the clerk of superior court of the county in which such witness
resides to appear and testify in the same manner and by the same process and
proceeding as may be employed for the purpose of taking testimony in proceedings
pending in this state.
24-13-114.
A
subpoena issued by the clerk of superior court under Code Section 24-13-112 or
24-13-113 shall be served in compliance with Code Section 24-13-23 and shall be
served within a reasonable time prior to the appearance required by such
subpoena.
24-13-115.
Article
2 of this chapter shall apply to subpoenas issued under Code Section 24-13-112
or 24-13-113.
24-13-116.
An
application for a protective order or to enforce, quash, or modify a subpoena
issued by the clerk of superior court under Code Section 24-13-112 or 24-13-113
shall comply with the statutes and court rules of this state and shall be
submitted to the superior court of the county in which the subpoena was
issued."
PART
III
SECTION 3-1.
SECTION 3-1.
(a)
This part and Part I of this Act shall become effective on July 1, 2011, and
shall apply to subpoenas served on or after July 1, 2011, and in actions pending
on or after July 1, 2011, except as otherwise provided by subsection (b) of this
section.
(b)(1)
Part II of this Act shall become effective only if HB 24, substantially
revising, superseding, and modernizing provisions relating to evidence, is
enacted during the 2011-2012 biennium of the General Assembly and becomes law on
or before January 1, 2013, in which case Part II of this Act shall become
effective on the same date that said HB 24 becomes effective and shall apply to
subpoenas served on or after July 1, 2013, and in actions pending on or after
July 1, 2013.
(2)
Part I of this Act shall stand repealed if and when Part II of this Act becomes
effective as provided by paragraph (1) of this subsection.
(3)
If said HB 24 does not become law on or before January 1, 2013, as provided by
paragraph (1) of this subsection, then Part II of this Act shall stand repealed
on January 1, 2013.
SECTION
3-2.
All
laws and parts of laws in conflict with this Act are repealed.